EXPRESSION OF INTEREST - Vizag Steel

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EOI for End to End Solutions T&S/10/003Section 2 – Commitments of the Bidder(s)/contractor(s):(1) The Bidder/ Contractor commits to take all measures necessary to prevent corruptionand commits to observe the following principles during his participation in the tenderprocess/during the contract execution(in case of Bidder to whom the contract has beenawarded).a. The Bidder/Contractor will not, directly or through any other person or firm, offer,promise or give to any of the Principal’s employees involved in the tender process or theexecution of the contract or to any third person any material or other benefit whichhe/she is not legally entitled to, in order to obtain, in exchange, any advantage of anykind whatsoever during the tender process or during the execution of the contract or tovitiate the Principal’s tender process or contract execution.b. The Bidder/ Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies in particular toprices, specifications, certifications, subsidiary contracts, submission or non-submissionof bids or any other actions to restrict competitiveness or to introduce cartelization inthe bidding process or to vitiate the Principal’s tender process or execution of thecontract.c. The Bidder/Contractor will not commit any offence under the PC Act/ Applicable law,like paying any bribes or giving illegal benefit to anyone including employees of RINL, togain undue advantage in dealing with RINL or for any other reason etc. Further, theBidder/Contractor will not use improperly, for purposes of competition or personal gain,or pass on to others, any information or document provided by the Principal as part ofthe business relationship regarding plans, technical proposals and business detailsincluding information contained or transmitted electronically.d. The Bidder/Contractor of foreign origin shall disclose the name and address of theirAgent(s)/representative(s) in India, if any. Similarly the Bidder/Contractor of IndianNationality shall furnish the name and address of the foreign supplier/contract Agency,if any. Further details, as mentioned in the Guidelines on Indian Agents of Foreign“Suppliers/contract agencies”, shall be disclosed by the Bidder/Contractor, whereverapplicable. Further, as mentioned in the Guidelines, all the payments made to the Indianagent(s)/representative(s) have to be in Indian Rupees only. Copy of the Guidelines onIndian Agents of Foreign “Suppliers/contract agencies” is enclosed.e. The Bidder/ Contractor will, when presenting his bid, disclose any and all payments hehas made or committed to or intends to make to agents, brokers or any otherintermediaries in connection with the award of the contract.(2) The Bidder/Contractor will not instigate third persons to commit offences outlinedabove or be an accessory to such offences.Page 36 of 42
EOI for End to End Solutions T&S/10/003Section 3 – Disqualification from tender process and exclusion from future contracts:(1) A transgression is considered to have occurred, if the Principal after due considerationof the available evidence, concludes that a reasonable doubt is possible.(2) If the Bidder/Contractor, before award of contract or after award of contract hascommitted a transgression through a violation of Section 2 above or in any other formsuch as to put his reliability or credibility in question, the Principal is entitled todisqualify the Bidder from the tender process or to terminate the contract, if alreadyawarded, for that reason, without prejudice to other remedies available to the Principalunder the relevant GCC of the tender/contract.(3) If the Bidder/Contractor has committed a transgression through a violation of any ofthe terms under Section 2 above or in any other form such as to put his reliability orcredibility into question, the Principal is entitled also to exclude the Bidder / Contractorfrom future tenders/Contract award processes. The imposition and duration of theexclusion will be determined by the Principal keeping in view the severity of thetransgression. The severity will be determined by the circumstances of the case, inparticular the number of transgressions, the position of the transgressors within thecompany hierarchy of the Bidder /Contractor and the amount of the damage.(4) If it is observed after payment of final bill but before the expiry of validity ofIntegrity pact that the Contractor has committed a transgression through a violation ofany of the terms under Section 2 above during the execution of contract, the Principalis entitled to exclude the Contractor from future tenders/Contract award processes.(5) The exclusion will be imposed for a Period not less than six (6) months and, up to amaximum period of three (3) years.(6) If the Bidder / Contractor can prove that he has restored/ recouped the damage tothe Principal caused by him and has installed a suitable corruption prevention system,the Principal may revoke the exclusion before the expiry of the period of suchexclusion.Section 4 – Compensation for Damages:(1) If the Principal has disqualified the bidder from the tender process prior to the awardin accordance with Section 3 above, the Earnest Money Deposit (EMD)/Bid securityfurnished, if any, along with the offer as per the terms of the Invitation to Tender(ITT) shall be forfeited. This is apart from the exclusion of the Bidder from futuretenders as may be imposed by the Principal, as brought out at Section 3 above.(2) If the Principal has terminated the Contract in accordance with Section 3 above, or ifthe Principal is entitled to terminate the Contract in accordance with Section 3 above,the Security Deposit/performance bank guarantee furnished by the Contractor, if any,as per the terms of the ITT/Contract shall be forfeited without prejudicing the rightsPage 37 of 42
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EXPRESSION OF INTEREST - Vizag Steel

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